Question Q.11GS2GS2
Discuss the evolution of the doctrine of basic structure with the help of relevant case laws. Also, bring out the significance of basic structure in preserving the basic content of the constitution.
Main Body
Doctrine of Basic Structure DBS is the federal doctrine of judicial review to decide the validity of constitutional amendment acts CAA. Evolution in context of debate between PFP & FR:Lo-D and Lo Champakam Dorairajam case 1950: SC opined that A13 does not include CAA.SC parliament can amend constitution without restrictions on FR.Parliament enacted 1st, 4th & 5th CAA.Shankari Prasad case 1971: upheld validity of 1st CAA, added judgement in Champakam case.Golaknath case 1967: CAA included as 'law' in A13. Parliament cannot amend constitution to abridge FR.Parliament enacted 24th & 25th CAA.Kesavananda Bharti case 1973: upheld validity of 24th CAA, unlimited power of parliament to amend constitution. upheld 8th CAA 1st provision: Parliament A36b, 2, A39c, A44, A19 & DPSP.Invalidated 25th CAA 2nd provision: CAA are within scope of judicial review.SC held that: parliament can amend constitution without compromising the basic structure.Minerva Mills case (1980): upheld DBS, harmonious construction between FR & DPSP. Struck down provision of 42nd CAA that extended scope of A31C to cover all DSP instead of just A23(1), CC.
192 words1 paragraphs
Conclusion
Significance of DBS: allows constitution to be a living document while preserving the essence of constitution & union of founding fathers of constitution.
23 words
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Topper
Ritu Goyal
AIR 2232025
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine and Case Law Evolution
Writing Stats
215
Total words
1
Paragraphs